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ENFORCEMENT DECREE OF THE PROMOTION OF CARTOONS ACT

Presidential Decree No. 24038, Aug. 13, 2012

Amended by Presidential Decree No. 27503, Sep. 21, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Promotion of Cartoons Act and other matters necessary for enforcement thereof.
 Article 2 (Procedures, etc. for Formulation of Master Plans)
(1) The Minister of Culture, Sports and Tourism shall formulate a master plan every five years for nurturing and supporting the creation of cartoons and the cartoon industry (hereinafter referred to as “master plan”) under Article 3 (1) of the Promotion of Cartoons Act (hereinafter referred to as the “Act”).
(2) When formulating a master plan under paragraph (1), the Minister of Culture, Sports and Tourism may request necessary cooperation, such as the provision of materials, to institutions and organizations associated with the matters provided in Article 3 (2) of the Act.
(3) The Minister of Culture, Sports and Tourism may establish a Cartoon Policy Advisory Group, comprised of not more than 15 members, including cartoonists and cartoon-related experts, to provide advice and suggestions regarding expert and technical subject matters in formulating a master plan.
(4) Upon formulation of a master plan, the Minister of Culture, Sports and Tourism shall give notice thereof to the heads of relevant administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors and Special Self-Governing Province Governor.
 Article 3 (Invigoration of Cartoon Creation and Support for Cartoon Industry)
Pursuant to Article 4 (2) of the Act, the Minister of Culture, Sports and Tourism may provide subsidies or loans, within the budget, for the work provided in each of the following subparagraphs:
1. Supporting and nurturing the creation of cartoons;
2. Nurturing enterprises (including self-employed creative enterprises under Article 2 of the Act on the Fostering of Self-Employed Creative Enterprises) in the cartoon industry;
3. Surveying the environment for creation of cartoons and the present state of the cartoon industry;
4. Producing and publishing cartoons;
5. Other work necessary for invigorating the creation of cartoons and for protecting and nurturing the cartoon industry.
 Article 4 (Designation, etc. of Institutions for Training Cartoonists and Professional Human Resources for Cartoon Industry)
(1) Pursuant to Article 5 (2) of the Act, the Minister of Culture, Sports and Tourism or the head of a local government may designate as an institution for training cartoonists and professional human resources for the cartoon industry (hereinafter referred to as “training institution”), an institution that falls under any of the following subparagraphs:
1. A facility or organization that has a cartoon-related curriculum among the culture and arts education facilities and the culture and arts education organizations under subparagraphs 3 and 4 of Article 2 of the Culture and Arts Education Support Act;
2. A school under Article 2 of the Higher Education Act, that has a cartoon-related curriculum among the schools;
3. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act;
4. The Korea Creative Content Agency under Article 31 of the Framework Act on the Promotion of Cultural Industries (hereinafter referred to as the “Korea Creative Content Agency”);
5. A workplace skill development training establishment under subparagraph 3 of Article 2 of the Act on the Development of Workplace Skills of Workers.
(2) Any person who intends to be designated as a training institution under paragraph (1) shall submit to the Minister of Culture, Sports and Tourism or the head of a local government an application for designation determined by Ordinance of the Ministry of Culture, Sports and Tourism, along with a document stating each of the following:
1. The record of, and a plan for, training cartoonists and professional human resources for the cartoon industry;
2. Compilation of curriculums (including In-service training programs);
3. Instructors and other teaching staff;
4. Facilities and equipment necessary for training cartoonists and professional human resources for the cartoon industry;
5. A plan for raising operating funds.
(3) Pursuant to Article 5 (2) of the Act, the Minister of Culture, Sports and Tourism or the head of a local government may fully or partially reimburse training institutions for any of the following expenses within the budget:
1. Remuneration and allowances for instructors;
2. Expenses for teaching materials and expenses for training instruments and materials;
3. In-service training expenses;
4. Other necessary expenses for training cartoonists and professional human resources for the cartoon industry.
(4) Other than details provided in paragraphs (1) through (3), further those necessary for the criteria, procedures, etc. for designation of training institutions shall be determined and published by the Minister of Culture, Sports and Tourism or a head of local government.
 Article 5 (Designation of Institutions, etc. in Charge of Protecting Intellectual Property Rights)
Pursuant to Article 10 (3) of the Act, the Minister of Culture, Sports and Tourism may designate any of the following institutions or organizations as one that carries out the project described in each of the subparagraphs of paragraph (2) of the same Article: <Amended by Presidential Decree No. 27503, Sep. 21, 2016>
1. The Korea Copyright Commission under Article 112 of the Copyright Act or The Korea Copyright Protection Agency under Article 122-2 of the same Act;
2. The Korea Creative Content Agency;
3. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act.
 Article 6 (Assistance in International Cooperation and Entry into Overseas Markets)
Pursuant to Article 11 (2) of the Act, the Minister of Culture, Sports and Tourism may entrust an institution or organization that falls under any of the following subparagraphs with the activities described in each of the subparagraphs of paragraph (1) of the same Article or authorize such an institution or organization to perform those activities on his/her behalf, while fully or partially reimbursing such institution or organization for the expenses necessary therefor within the budget:
1. The Korea Creative Content Agency;
2. A nonprofit corporation that is established to primarily engage in promoting cartoons under Article 32 of the Civil Act, performing the work related to entry into overseas markets for cartoons.
 Article 7 (Standards, etc. for Recognition of Jointly-Produced Cartoons as Korean Cartoons)
(1) The standards for recognition of Korean cartoons under Article 13 (1) of the Act means satisfaction of any of the following subparagraphs:
1. Where at least 30/100 of the main production personnel, including a cartoonist, a story writer and staff, are nationals of the Republic of Korea;
2. Where at least 30/100 of the facilities, equipment, etc. utilized in producing a cartoon are manufactured in the Republic of Korea;
3. Where deemed that the theme or contents of a cartoon substantively represent the artistic value of the Republic of Korea.
(2) Any person who intends to obtain recognition of a jointly-produced cartoon as a Korean cartoon shall file an application for recognition determined by Ordinance of the Ministry of Culture, Sports and Tourism, with the Korea Creative Content Agency, with a document which evidences that it complies with the standards under paragraph (1).
(3) Other than those matters provided for in paragraphs (1) and (2), matters necessary for detailed standards, procedures, etc. for the recognition of Korean cartoons shall be determined by the Korea Creative Content Agency.
ADDENDUM
This Decree shall enter into force on August 18, 2012.
ADDENDA <Presidential Decree No. 27503, Sep. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 and 3 Omitted.